Skip to main content

Full text of "The Constitution of India (Application to Jammu and Kashmir) Order 1954"

See other formats


BEGI8TEBED No. D. 221 



Wlk Gazette 




of 



EXTRAORDINARY 
PART n— Section 3 
PUBLISHED BY AUTHORITY 



No. Ill] 



NEW DELHI, FRIDAY, MAY 14, 1954 



MINISTRY OF LAW 

NOTIFICATION 
New Delhi, the 14th May 1954 



S.R.0. 1610— The following Order made by the President is published 
for general Information: — 



THE CONSTITUTION (APPLICATION TO JAMMU AND 
KASHMIR) ORDER, 1954 



^ In exercise of the powers conferred by clause (1) of article 370 of the 
Constitution, the President, with the concurrence of the Government of 
the State of Jammu and Kashmir, is pleased to make the following 
Order: — 

1. (1) This Order may be called the Constitution (Application to Jammu 
and Kashmir) Order, 1954. 

(2) It shall come into force on the fourteenth day of May, 1954, and 
shall thereupon supersede the Constitution (Application to Jammu and 
Kashmir) Order, 1950. 

2. The provisions of the Constitution which, in addition to article 1 and 
article 370, shall apply in relation to the State of Jammu and Kashmir 
f/Lud the exceptions and modifications subject to wliich they shall so apply 
shall be as follows: — 

(1) THE PREAMBLE. 

(2) PART I 

To article 3, there shall be added the following further proviso, 

namely: — 

"Provided further that no Bill providing for increasing or diminish- 
ing the area oi the State of Jammu and Kashmir or altering the 
name or boundary of that State shall be introduced in Parlia- 
ment Without the consent of the Legislature of that State." 



C. O. 48 



( 821 ] 



822 



THE GAZETTE OF INDIA EXTRAORDINARY 



[Pabt n 



(3) PART II. 

(a) This Part shall be deemed to have been applicable in rela|j|n to th^s, 
State of Jammu and Kashmir as from the 26th day of January, ^0. 

(b) To article 7, there shall be added the following further proviso, 
namely: — 

"Provided further that nothing in this article shall apply to a per- 
manent resident of the State of Jammu and Kashmir who, after 
having so migrated to the territory now included in Pakistanj^ 
returns to the territory of that State under a permit for re- 
settlement in that State or permanent return issued by or under 
the authority of any law made by the Legislature of that State, 
and every such person shall be deemed to be a citizen of India." 

(4) PART III. 

(a) In article 13, references to the commencement of the Constitutioi^, 
shall be construed as references to the commencement of this Order. 

(b) In clause (4) of article 15, the reference to Scheduled Tribes shall 
be omitted. 

(c) In clause (3) of article 16, the reference to the State shall be con- 
strued as not including a reference to the State of Jammu and Kashmir. 

(d) In article 19, for a period of five years from the commencement of 
this Order: — 

(i) in clauses (3) and (4) after the words "in the interests of the 
words "the security of the State or" shall be inserted; 

(ii) in clause (5), for the words "or for the protection of the interests ' 
of any Scheduled Tribe" the words "or in the interests of the 
security of the State" shall be substituted; and 

(iii) the following new clause shall be added, namely: — 

'(7) The words "reasonable restrictions" occurring in clauses (2), 
(3), (4) and (5) shall be construed as moaning such restric- 
tions as the appropriate Lt-gislature deems reasonable.' 

(e) In clauses (4) and (7) of article 22, for the word "Parliament", the 
words "the Legislature of the State" shall be substituted. 

(/) In article 31, clauses (3), (4) and (6) shall be omitted; and for clause 
(5), there shall be substituted the following clause, namely :-- 

"(5) Nothing in clause (2) shall affect— 

(a) the provisions of any existing law; oj* 

(b) the provisions of any law which the State may hereafter make — 

(i) for the purpose of imposing or levying any tax or penalty; or 

(ii) for the promotion of public health or the prevention of danger 
to life or property; or 

(iii) with respect to property declared by law to be evacuee property." 

(flf) In article 31A, the proviso to clause (1) shall be omitted; and for 
sub-clause (a) of clause (2), the following sub-clause shall be substituted, 
namely : — 

'(a) "estate" shall mean land which is occupied or has been let for 
agricultural purposes or for purposes subservient to agriculture, or for 
pasture, and includes — 

(i) sites of buildings and other structures on such land; 

(ii) trees standing on such land; 



Sec. &l 



aim (iAZETlfi 6F INDIA EXTRAORDINARY 



823 



(iii) forest land and wooded waste; 

(iv) ^rea covered by or fields floating over water; 

(v) "tes of jandcers and gharats; 

(vi) any jagfir, inam, muafi or mukairari or other similar grant; 
but does not include — 

(1) the site of any building in any town, or town area or village 
abadi or any land appurtenant to any such building or site; 

(ii) any land which is occupied as the site of a town or village; or 

(iii) any land reserved for building purposes in a municipality or 
notified area or cantonment or town area or any area for which 
a town planning scheme is sanctioned.' 

(h) In article 32, clause (3) shall be omitted; and after clause (2), the 
following new clause shall be inserted, namely: — 

"(2A) Without prejudice to the powers conferred by clauses (1) and (2), 
the fligh Court shall have power throughout the territories in relation 
to which it exercises jurisdiction to issue to any person or authority, in- 
cluding in appropriate cases any Government within those territories, 
directions or orders or writs, including writs in the nature of habeas corpus, 
mandarnus, prohibition, quo warranto and certiorari, or any of them, for 
the enforcement of any of the rights conferred by this Part." 

(i) In article 35 — 

(i) references to the commencement of the Constitution shall be 
construed as references to the commencement of this Order; 

{ii) in clause (a) (i), the words, figures and brackets "clause (3) ot 
article 16, clause (3) of article 32" shall be omitted; and 

(iii) after clause (b), the following clause shall be added, namely; — 

"(c) no law with respect to preventive detention made by the 
Legislature of the State of Jammu and Kashmir, whether 
before or after the commencement of the Constitution (Appli- 
cation to Jammu and Kashmir) Order, 1954, shall be void on 
the ground that it is inconsistent with any of the provisions of 
this Part, but any such law shall, to the extent of such in- 
eonsistency, cease to have effect on the expiration of five 
years from the commencement of the said Order, except as 
respects things done or omitted to be done before the expira- 
tion thereof". 

(j) After article 35, the following new article shall be added, namely: — 

"35A. Saving 0/ laws with respect to permanent residents and their 
rights. — Notwithstanding anything contained in this Constitution, no 
existing law in force in the State ol Jammu and Kashmir, and no law here- 
after enacted by the Legislature of the State,— 

(a) defining the classes of persons who are, or shall be, permanent resi- 
dents of the State of Jammu and Kashmir; or 

(b) conferring on such permanent residents any special rights and 
privileges or imposing upon other persons any restrictions as respects — 

(i) employment under the State Government; 

(ii) acquisition of immovable property in the State; 

(iii) settlement in the State; or 



S24 



THfi 6A2t;TTS; OE* InGia fixfRAOlibiiSrAftY 



[PaUt It 



(iv) right to scholarships and such other forms of aid as the State 
Government may provide, 

shall be void on the ground that it is inconsistent with or t^Rs away 
or abridges any rights conferred on the other citizens of India by any 
provision of this Part." 

(5) PART V. 

(a) In articles 54 and 55, references to the elected members of the. 
House of the People and to each such member shall include references to 
the representatives of the State of Jammu and Kashmir in that House; and 
the population of the State shall be deemed to be forty-four lakhs and ten 
thousand. 

(b) In the proviso to clause (1) of article 73, the words "or in any law 
made by Parliament" shall be omitted. 

(c) Article 81 shall apply subject to the modification that the rejpre 
sentatives of the State in the House of the People shall be appointed by 
the President on the reconimendation of the Legislature of the State. 

(d) In article 134, clause (2), after the words "Parliament may", the 
words "on the request of the Legislature of the State" shall be inserted. 

(e) Articles 135, 136 and 139 shall be omitted. 

(/) In articles 149 and 150, references to the States shall be construed 
as not including the State of Jammu and Kashmir. 

(flf) In article 151, clause (2) shall be omitted. 

(6) PART XI. 

(a) In article 246, the words, brackets and figures "Notwithstanding 
anything in clauses (2) and (3)" occurring in clause (1), and clauses (%), 
(3) and (4) shall be omitted. 

(b) Articles 248 and 249 shall be omitted. 

(c) In article 250, for the words "to any of the matters enumerated in 
the State List", the words "also to matters not enumerated in the Union 
List" shall be substituted. 

(d) In article 251, for the words and figures, "articles 249 and 250"^ the 
word and figures "article 250" shall be substituted, and the words "under 
this Constitution" shall be omitted; and, for the words "under either of 
the said articles", the words "under the said article" shall be substituted, 

(e) To article 253, the following proviso shall be added, namely: — 

"Provided that after the commencement of the Constitution (Appli- 
cation to Jammu and Kashmir) Order, 1954, no decision affecting 
the dispositior of the State of Jammu and Kashmir shall be 
made by the Government of India without the consent of the 
Government of that State." 

(f) In article 254, the words, brackets and figure "or to any provision of 
an existing law with respect to one of the matters enumerated in the 
Concurrent List, then, subject to the pr-ovisions of clause (2)" and the 
words "or as the case may h$. the existing law", occurring in clause (1), 
and the whole of clause (2) shall be omitted. 



(g) Article 255 shall be omitted. 



Sec. 3J *Hfi 6A2ETTfi OF lN6iA fiXfftAOfeibirJAllY 825 



(h) Article 256 shall be renumbered as clause (1) of that article, and 
the following new clause shall be added thereto, namely; — 

"(2) The State of Jammu and Kashmir shall so exercise its executive 
power as to facilitate the discharge by the Union of its duties 
and responsibilities under the Constitution in relation to that 
State; and in particular, the said State shall, if so required by 
the Union, acquire or requisition property on behalf and at the 
expense of the Union, or if the property belongs to the State, 
transfer it to the Union on such terms as may be agreed, or in 
default of agreement, as may be determined by an ai'bitrator 
appointed by the Chief Justice of India." 

(i) Article 259 shall be omitted. 

(j) In clause (2) of article 261, the words "made by Parliament" shall 
be omitted. 

(7) PART XII. 

(a) Clause (2) of article 267, article 273, clause (2) of article 283, articles 
290 and 291 shall be omitted. 

(b) In articles 266, 282, 284, 298, 299 and 300, references to the State or 
States shall be construed as not including references to the State of 
Jammu and Kashmir. 

(c) In articles 277 and 295, references to the commencement of the 
Constitution shall be construed as references to the commencement of this 
Order. 

(8) PART XIII. 

(a) In clause (1) of article 303, the words "by virtue of any entry relat- 
ing to trade and commerce in any of the Lists in the Seventh Schedule" 
shall be omitted. 

(b) In article 306, references to the commencement of the Constitution 
shall be construed as references to the commencement of this Order. 

(9) PART XIV. 

In article 308, after the words "First Schedule", the words "other than 
the State of Jammu and Kashmir" shall be added. 

(10) PART XV, 

(a) Article 324 shall apply only in so far as it relates to elections to 
Pafliament and to the offices of President and Vice-President. 

(b) Articles 325, 326, 327, 328 and 329 shall be omitted. 

(11) PART XVI. 

(a) In article 330, references to the "Scheduled Tribes" shall be omitted. 

(b) Articles 331, 332, 333, 336, 337, 339 and 342 shall be omitted. 

(c) In articles 334 and 335, references to the State or the States shall be 
construed as not including references to the State of Jammu and Kashmir. 

(12) PART XVII. 

The provisions of this Part shall apply only in so far as they relate 
to- 

(i) the official language of the Union; 

(ii) the ofRcial language for communication between one State and 
another, or between a State and the Union; and 

(iii) the language of the proceedings in the Supreme Court. 



82^ GtAZfiTTEi OF INDIA EX^flAORDlMAjlY tPAHT 11 

(13) PART XVIII. 

(a) To article 352, the following new clause shall be added, namely^- 

"(4) No Proclamation of Emergency made on grounds only of ip^- 
nal disturbance or immment danger thereof shall have efi-Ct 
in lelation to the State of Jammu and Kashmir (except as 
respects article 354) unless it is made at the request or with 
the concurrence of the Government of that State," 

(b) Articles 356, 357 and 360 shall be omitted. 

(14) PART XEX. 

(a) In article 361, after clause (4), the following clause shall be added, 
namely : — 

"(5) The provisions of this article shall apply in relation to the 
Sadar-i-Riyasat of Jammu and Kashmir as they apply in rela- 
tion to a Rajpramukh, but without prejudice to the provisions 
of the Constitution of that State." 

(b) Articles 362 and 365 shall be omitted. 

(c) In article 366, clause (21) shall be omitted. 

(d) To article 367, there shall be added the following clause, namely : — 

"(4) For the purposes of this Con.stitution as it applies in relation to 
the State of Jammu and Kashmir — 

(a) references to this Constitution or to the provisions thereof shall 
be construed as references to the Constitution or the pi'ovisions 
thereof as applied in relation to the said State; 

(b) references to the Government of the said State shall be constru- 
ed as including references to the Sadar-i-Riyasat acting on the 
advice of his Council of Ministers; 

(c) references to a High Court shall include references to the High 
Court of J&mmu and Kashmir; 

(d) references to the Legislature or the Legislative Assembly of the 
said State shall be construed as including references to the 
Constituent Assembly of the said State; 

(e) references to the permanent residents of the said State shall 

be construed as meaning persons who, before the commence- 
ment of the Constitution (Application to Jammu and Kashmir) 
Order, 1954, were recognised as State subjects under the law3 
in force in the State or who are recognised by any law made 
by the Legislature of the State as permanent residents of the 
State; and 

(/) references tc the Rajpramukh shall be construed as references 
to the person for the time being recognised by the President 
as the Sadar-i-Riyasat of Jammu and Kashmir and as including 
references to any person for the time being recognised by the 
President as being competent to exercise the powers oif the 
Sadar-i-Riyasat. 

(35) PART XX. 

To article 368, the following proviso shall be added, namely: — 

"Provided further that no such amendment shall have efEect in 
relation to the State of Jammu and Kashmir unless applied by 
order of the President under clause (1) of article 370". 



Sec. 31 



THE GAZETTE OF INDIA EXTRAORDINARY 



827 



(16) PART XXI. 

fa) Articles 369, 371, 373, clausos (1), (2), (3) and (5) of article 374 and 
articles 376 to 392 shall be omitted. 

(b) In article 372— 

(i) clauses (2) and (3) shall be omitted, 

(ii) references to the laws in force in the territory of India shall 
include references to hidayats, ailans, ishtihars, circulars 
rohkars, irshads, yadashts, State Council Resolutions, Resolu- 
tions of the Constituent Assembly, and other instruments having 
the force of law in the territory of the State of Jammu and 
Kashmir; and 

(iii) references to the commencement of the Constitution shall be 
construed as references to the commencement of this Order. 

(c) In clause (4) of article 374, the reference to the authority function- 
ing as the Privy Council of a State shall be construed as a reference to the 
Advisory Board constituted under the Jaramu and Kashmir Constitution 
Act, 1996, and references to the commencement of the Constitution shall 
be construed as references to the commencement of this Order. 

(17) PART XXII. 

Articles 394 and 395 shall be omitted. 

(18) FIRST SCHEDULE. 

(19) SECOND SCHEDULE. 
Paragraph 6 shall be omitted. 

(20) THIRD SCHEDULE. 

Forms V, VI, VII and VIII shall be omitted. 

(21) FOURTH SCHEDULE. 

(22) SEVENTH SCHEDULE. 

(a) In the Union I,ist — 

(i) for entiy 3, the entry "3. Administration of cantonments" shall 
be substituted; 

(ii) entries 8, 9, 33 and 34, the words "trading corporations includine" 
in entry 43, entries 44, 50, 52, 54, 55, 60, 67, 69, 78 and 79 the 
words "mter-State migration" in entry 81, and entry 97 shall be 
omitted; 

(iii) for entry 53, the entry "53. Petroleum and Petroleum Produces 
but excludmg the regulation and development of oilfields anci 
mmeral oil resources; other liquids and substances declared bv 
Parliament by law to be dangerously inflammable" shall hip 
substituted; and 

(iv) in entries 72 and 76, the reference to the States shall be con 
strued as not mcluding a reference to the State of Jammu and 
Kashmir. 

(b) The State List and the Concunent List shall be omitted. 

(23) EIGHTH SCHEDULE. 

(24) NINTH SCHEDULE. 



828 THE GAZETIE OF INDIA EXTRAORDINARY [Pahx II— Sec. 3] 



After entry 13, the following entries shall be added, namely: — 

"14. The Jammu and Kashmir Big Landed Estates Abolition yt 
(No. XVII of 2007). • 

15. The Jammu and Kashmir Restitution of Mortgaged Properties 

Act (No. XVI of 2006). 

16. The Jammu and Kashmir Tenancy Act (OSTo. II of 1980). 

17. Tho Jammu and Kashmir Distressed Debtors Relief Act (No. 
XVII of 2006). 

18. The Jammu and Kashmir Alienation of Land Act (No. V of 
1995). 

19. Order No. 6-H of 1951, dated 10th March 1951 regarding Resump- 
tion of Jagirs and other assignments of Land Revenue etc. 

20. The Jammu and Kashmir State Kuth Act (No. I of 1978)." 

RAJENDRA PRASAD, 

President, 



K. Y. BHANDARKAR, 
Secretary. 



PRINTED IN INDIA BY THE MANAGER, GOVT. OP INDIA PRESS, NEW DELHI 
aStD PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI, 1954